
Book !S^(i)£ 



V 



Rhodc'Islaud jLegislatiire. 
January Session, 1839. 



REPORTS 

|f tlie Select Committee to whom were 
referred the resolutions of J/r. fVclls^ 
of Ilopkinton, touching certain resolu* 
tions of the House ot llepresentativcs 
of the U. States relating to petitions for 
the Abolition of Slavery, ifec.dbc. ; also 
the petitions of sundry citizens of this 
^tate, relative to the right to petition* 



.^ Printed by order of the House of Representatives, 



i.'^y 









(^ 



/ ( 



I 



REPORTS. 



IN GENERAL ASSEMBLY- 



\ Jie corninillee to wlioin were referred the 
tio|s of Mr li'clts, of Hopkinton, touching 



lui 
tin 



Jan. 23. 

resolii 
certain 
luiions pns.sed by the House o( Representatives 
e United Stales, on the iSili of Droeniber, A. 
833, relative to petitions for the abolition ol sla- 
. A'r.. &(:.. and also sundry petitions from cili- 
of this Slate relating to the rijjhl of petition, 
REPOIIT AS FOLLOWS: 

hereas, the Mouse of Representiilives of llie 
;ress of Ihe United Slates, mi the llthandl2lli 
daj? of December, 183d, passed the following Reso- 
ns, viz: 

.i!ci^il, That thU Govornirii'iit h of limiti-J [kiwit, luiil 
)> llie CDiistitiition ol'llic IJiiiti^d Si.ilis (Jmigrrss lias im 
luliou wliatuvirr uver the iiistilutiim of slavery in the 
il .states (if the ('oiUe.lcr.ity. 

.idur.il, 'I'hat petitions for tlir aliolilinn nf'flavcry in tlie 
Id of <"oluml)ri 111(1 tlii' tcTritoricii of tli<! Uiiin-d Slates, 
^ (iMst the riiiiioviil of iJlavi's from otie Stiit(! to .tiiolher, 
imrl of a plan of operations set on ftxpt to air.-ct the in.-li 
II ol slavery in the several Slates, anil thns indirectly to 
oy that instituliun within their several limits. 
solved, 'I'liat Congress has no riglit to do that itidireclly 
Il II cannot do directly, and that Ihe agitation uf the siih- 
if slavery in tlie District of Columbia, or in the tirntorii^-, 
means or with a view of distiirbii'/ or overllirowiii!; thai 
mtion in llic several States, i« aijuinstthe true spirit and 
ling of III.- C ii^liuilion, an iiifringtmeiil i.f tlie rights of 
-tales ati'ecti d, ;iii<i a lircach of the public faith on wliieli 
eiiteicd into the (.'oiifcdi racy. 

■■!sulre<l. Thai the Constitutioii rests on the broad princj- 
(ife(|U'Uity among the niciulicrs ol tlii- cunf( d.racy. and 
Congress; in the C-Verci^^c of it< acknowledged powers, has 
■ight to discriminate between the insliuiiioiis of one portion 
le states and annther with a view of abolishing the one or 
noting the other. 
de.iulved, tlierrjorc, that all attempts on the part of Congress 
>nholish slavery in the District of Co iimliia, or the I'errilor- 
1, or to prohibit the removal of slaves frcni State to State, or 
|iliscriiiiinate between the constitutions of one portion of the 
ifederary and another, with the view aforesaid, are in vio- 
lon of the Cdnstitutional principles on wliii lithe Union of 
|6e States rests, and beyond the jurisdiction ol Congress; and 
^. every petition, memorial, lesolutiun, prnposition or paper, 
Khing or relating, in any way or to any extern w hatever, to 
»ery as aforesaid, or Ihejiliolition thereof, shall on the pres 
Kllie table witliout being printed, deliated or referred. 
£nd, whereas, In the judgment of this (leneral 
A»embly, that pari of the last resolution, wliich de- 
clares that "every petition, memorial, resolution, 
prnposition or paper, touching or relating in any 
v/ay or to any extent whatever, to slavery as afore- 
said, or to the abolition thereof, shall, on tiie pre- 
s^lation thereof, without any further action there- 
on, be laid on the table, without being printed, 
debated, or referred, is unsound in principle, a 
dangerous invasion of the right of the people 
ti) petition Congress, and in violation of the true in- 
teiil and meaning of the Constitution of Ihe United 
allies. 



Therrfore. rrsohrd. Thai the General Assemb'y 
do hereby, in the name of the people of this State, 
Protest against said resolutions, and declare that in 
tlieir opinion, tliey ou^hl forthwith to be rescinded. 

Rcso/rrd, That his Excellency the Governor be 
roquesled to cause a copy'ot these resoliilion.-! t') be 
iraiisiiiiiu.i t„ iiie meiiibers of the United Stales 
House of Representatives iTom mis ovmc, mu^; tj- 
llieiii laid before that body- 
All n-iiioii is rouppi-ifiillv siibmiltpd by 

JAMES E. S EMMONS, 

For the CouMiiittee. 

REl'ORT OF THE MINORITY OF THE 
SAME COM.NH'l'TEE. 

The undersigned, one of the Committee to whom 
the foreg(jing rrsolnlions were referred, be^js liaxc lo 
report, tiiat as he differs in opiiiinn from llie other 
members of the Committee, tie has fell it lo be his 
duly to himself and lo hi.s Consliluenls to give to the 
subjei^t all the alteiilion wliicli his Other eiigiigeu.enld 
would pcriiiit. 

By the resolution submitted by Mr Wells, from Hop- 
kinton, the resolutions of llie National Jloiise ofitcp. 
resonlatives of the 12ili December 183d, are charac 
lerised " as a dangerous invasion ot the right of the 
people to petition Congress, and in violation of the 
Conslituiion of the United Slates." 

The National House of Repreeentalives is com« 
posed of many disliiiguislied statesmen and jurists^ 
wiio are no slranger.s lu the langu/ige and spirit of 
the Conslituiion. Their personal and individual in- 
terests are identified willi Ihc interests of the mass of 
the people, and fheir fidelity to rights of so plain and 
popular a character as the right of petition, is guar- 
anteed by the consciousness, Ihat the slightest inva- 
sion of such rights seldom remains long unpunished. 
It is not lo be presumed thenl'ore that a violation of 
.1 privilege inherited from our ancestors, and in rela- 
tlun to whioli llie people have always manitesled a 
sensitive and jealous feeling, could have been i)re- 
meditaled or intended, especially as the ol)ject of 

those resolutions could have been accomplished in 
various ouu-i i.,.,^., „. ^... .„.....^ •••- -Oii.t.^t ,,„ 

son lo consider these resolutions the fruitof a sliuht 
and hasty consideration. They are evidently the re- 
sult of an understanding of some sort or other be- 
tween the Administration members fiom the Nortli 
and the great body of the members from the South 
and whatever the supposed rashness of the latter 
might dictate, the wariness of the former has seldom 
been off its guard upon the subject of popular rights. 
The imputaliGti ol haste and inadvertence is still 
more strongly repelled by the well known fact, that 
the subject of the right of petition has been agitated 
dnd discussed in Congress, in the icgislaturea of 
many of the Stales, and in the publio papers, for 



i 



n 



many years. The extreme jealousy and sensitive-loiis families, and it is principally from them tlut we 
ness of the people on this exciting topic, could notlare presented witii arguments upon this oreat and 
have been overlooked, nor have failed in dictating [exciting question of constitutional law, '"while the 
a path beyond the reach of all constitutional olijec frainers and supporters of the resolutions, capable it 
tions, in the opinion of the tneinbers from the free is presumed, ofshedding quite as much liglit in the 
Slates who voted in favor of the resolution in ques sulijeet, are not brlore us. nor are they called upon 
tion. The cautifiU'i language in winch the resolutions to aid us with their views and reasons. It i.«, ihere- 
aie couched fully shows that the meaniisir of every fore, in liie opinion of the undersioned, sobstamlally 



word was fully weighed, and totally forbids the idea 
ol neifjigence or haste. The inferiMice from tliese 
facts necessarily is, that in the opinion ol the sujipor- 
ters of tliese resolutions, they acted within the scope 
of llieii constitutional powers, and thai if they have 
exceeded them it must have been ignorance, and not 
■ from design or negligence. 

Before we condemn them, then, as uncnnslitution- 
al, we ought to be sure that we have con.sidered the 
subject as maturely as tiiose who supported them — 
We ought also to take along \yith us the wise and 
temperate rule of the Supreme Court of the United 
States, in passing upon the Acts ot this and every 
other Legislative body, never to decide aL'ain=t tiio,n 

n-o-r* ••• - - ■'" " i'"i>-n meir nncotistilulionality is 

established beyond all reasonable doubt. The neces- 
sity of the application of this rule is mnoli Btr^n-ci 
In the present case, than in cases before the Court 
because the Court 



an cr. parte proceeding; a proceeding tno, under un- 
due and improper excitement, and upon a subject in 
which we are merely volunteers. 

Willi these preliminary remarks, IIk" undersigned 
will proceed to rfive his reasons for declininir all 
action upon the subject. 

By the Jst Article of the amendment of the Con- 
stitution, it is declared, "That Congress shall make 
•' no |;iw re.«peciinir an establishment of religion, 
'• or prohibilirifj Ihe free exercise thereof, or abnJg 
" inirthe freedom of speech or Ihe press, or tjje ri/lit 
"of the people peaceably to assemble and petition 
•' Goveroment for a redress of grievances." 

Oy meOtli tfoetionof the Isl .Article of the Consti- 
tution, it is provided, "That each House may deler- 
'• mine the rules of iis nrnr(^aft..-o,a " 

At the settlement of this country, an J for a period 
hmg anterior, the people of England possessed the 



•t tsobUgrd bylaw to pass upon , (j^,=.i|,^j,i„^,.,| r,J,,,^ j^ petition' Parliament >or the 
IS the perforniance of an impera- 1 rpj^ess of all grievances, whether of an individual or 



such subjects. It 

tive duty devolved upon it by the Constitution tn.m | ;;(■ ^' p';;!;,;,,^^^^,;,^; "Vp,;; ■ ;];j "[^^^^^ 
which It cannot escape. Its errors therefore, like the j ^p^j „<, t„ j^p number of signers, it havincr been focuc 
errors of all who by law are obliged to act, are mor- 
ally and legally excusable by the necessity which 
dictates the action. A pireiit who commits a mis 
t.ike in the correction of his child, is excusable be- 
f'ouc all hufnan tiibunals. But a mere volunteer 



who inflicts correction upon his neighbors' children 
or lakes part in theirquarrels, stands justified b}' no- 



in turbulent limes that large bodies ol the people as- 
sembled under the pretence of petitioning Parliament, 
but in reality for other and dangerous purposes, fiv 
a statute passed in the reiiro of Charles If. it w.is 
therefore enacted that no petition should be signed by 
more than twenty. This statute however, was re- 
pealed or went into disuse long before the adoplinn 



ining but the positive certainty that his interference of the American Constitution.' And it was a settled 




dividuals, we are deepi interested, impose this task 
upon us as a duty. We have not even the instruc- 
ions of a majority of our constituents; T>n the contra- 
•y, in the opinion of the undersigned, such action 
/ould be contrary to the feelings und wishes of a 
ast majority of the people of llhode Island. No 
oinbination of circumstances could possibly exist so 



should it remain inviolate. 

In order effectually to secure it from invasion, tho 
Constitution provides that Congress shall pass jio 
law abridging it. It does not say that it shall not be 
affected b^y a rcWH^/«rt of either House. Its prohibi- 
tion is against any law ot Congress: and it is well 



)oudly calling for silence and inaction. It is in reali- ! I<n"wn that there is a wide d.tTerence between a law of 



ty, a dispute l)rtlween the abolitionists of the Noith 
md the slave holders of ihe South. Both these par- 
ties have become excited noi only to rash and impru- 
dent language, but to ras-h and exceedingly iin|)ru- 
dent action. In the progress of this, as in the pro- 



('ongress and a resolution ot either House. It is hardly 
necess.irv to state that a law of Congress requires 
the assent of both House.';, and the assent of the Pre- 
sident also. And thai when it lias becoin? a law. it 
operates upon the whole peopl.» of the United Slate,*, 



rressnf all other disputes, each party avails itself^of -A Resolution o| e^ier House operjites^only within 

ais\,T.ih'?"vrt"vl"To'gain" iddilionar'su"pport"."'Tire '"'•"•'"l- ='"d remains in force until repej.led b/the 

I fforls of the abolitionists have been unweaiied and power that enacted it. A resolution of the House 

untiring to create an excitement upon the right of PxP""es with the existing or present session of the 

(■etilion, and undercover of this sulisisting 'dispute, House. 

I) enlist the wise and discreet yeomanry of Rh^tde As the Constitution clearly intended that this fa- 

'sland under the abolition banner, knowino- full well vorite and pofiular right of petitioning (as import.iiit 

;!iat a hostility to the South upon the subji^cl of the in the view of the frainers o( that instrument as the 

popular right to petition, will siK)n extend to hostility liberty of speech or the press) should not be viol.it- 

iipon all other sulijecls. These abolitionists are be- ed by Congress or by any other power in the coun- 

' >re us and among us They are oriranized throuirh try, why, it may be asked, did it not provide Ifial Con- 

ut the Northern States into compact and disciplined gress should pass no hnv, n^ir that eillicr Hou,sr should 

icieties, with iminense sums of money at ihi'ir com- pass any resolution abridging Ihe freedom ofspeerh, 

' land, and they force their papers and lecturing and of the press or of the right to petition.' Was this 

.^lUried Preachers into every town and into nnmer- omission by mistake or was it by design > 



'^ It will be remembered that the provision securing 
these invaluable rights was not inserted in the origi- 
nal Constitution itself, but is contained m the amend- 
ments. It should also be observed that by the origi- 
nal Constitution express pcjwer was cfiven to each 
House "to determine the rules of its proceedings." 
This power is granted in liie broadest and amplest 
terms. The extent of it is beyond the reach of doubt. 
It is a power to determine tiie ruh'sot all \\s proceed- 
ngs. Jt is also equ illy beyond a doubt that any vole 
of tile House upon a petition is a part of its proceed 
ings. Tlie moment the peti ion is read or its con 
tents made known, the moment any action of the 
House upon the pelilicm is aaked, that action is a pro- 
ceeding of tlie House, to be regulated solely and ex- 
clusively by the Hou.se. fts proceedings upon such 
peiilion are eniered U|)nn the journals of the ilouse 
asiire all ils oiher proceedings. 

Previous Hum to the ameiidnrents to the Constitu- 
tion, each House possessed the undoubted power to 
pass any resolutions in relation to Hs own proceed 
inirs i<pon any pelition or pther business before it 
it possessed the undouhted power to pass resolutions 

values his reputation for sagacity and common fair 
ness will qui'slion this power, under the ori^^inil (^on- 
Ktitution. No m;in will qm.slion that the persons who 
penned the amendments, knew the full and broad 
extent of this power of the House, and no men felt a 
deeper solicilude to iruaid and completely protect the 
popular powers of the press, the freedom .>f speech, 
and the right to petition. Why did not the amend- 
ments repeal so much of the power of each Hofise li> 
deti rmine the rules of its proceedings as was incon- 
sistent with the freedom of speech, of the press or 
the right to petition.'' Why merely protect these 
rights from invasion by a law of Congress, and leave 
tliem at the mercy of either House! 

By the original Constitution, the House possessed 
lite Undoubted power to pass a resolution in the very 
words of the resolution of Dec(>iiiber, 18;i!^' : "That 
every petition, mernoriiil, resolution, proposition or 
paper, touching or relatinjf in any way to slavery, or 
to any extent whatever to slaverv, as aforesaid, or the 
abolition thereof, sIkiII, on the presentation thereof, 
witliout any further action thereon, be laid on thej 
table, without being debjijed. printed or referred.' — I 
This power, loo, was gianted to the House in ex[>rrss\ 
terms. It was, therefore, a well known power. The] 
Convention of (he States, which proposed these 
amendments, was jealous of the powers conferred l)y j 
the original Constitution, and the object of thej 
amendments w;is to guard airainst their al)use. The: 
niembeis of that Con vention were among the ablest | 
of the times, and intimately acquainted with tlie. 
Constitution, and with the es4abli.slied usages of li'g-i 
islative bodies; and the simple reason lor nrotectinjr 

thp ri^l.l ,.! r-—- ^- ' - •"";"■ v..".,j,irB. , aim ii.»i 

protecting it from the power of the House to regulate 
ils own proceedings, was, that the right itself, as it 
had existed for ages, as it I'.iid been practised upon in 
England and in tins country, was a right which 
could be invaded by a law of Congress, because a 
law ot Congress would operate upon individuals, and 
indivic'ua action, out of doors, by making it pennl to 
write or sign a peliiion. Tiiey well knew that no 
resolution of eillier House, in relation to ils own pro- 
ceediu'Ts, could, by any possibility, operate upon the 
right to petition. 

It must be observed that the right to petition has 
never been defined by any Statute or written law in 
England, or in this country. Its value and impor- 



tance have never been called in question, still the exteni 
of the right at the time of adopting the Constitution, 
and even down to the present period, has aever been 
defined except by legislative usage. When i'.ie frani- 
ers of the Amendments to the Constitution reccnrnised 
" the right to petitioi\," they necessarily intended the 
right that had been pract'.ed upon in the English and 
.'\merican Legislatures. F^ractice being the basis, is also 
the limit and extent of the right. Jn England and m 
all the l.egi-ilative bodies in this country, this right to 
petition had been constantly exercised, and at the same 
time the power of each House to determine the rules of 
its proceedings, has also been exercised in many cases to 
a much greater extent, and for less cogent reasons than 
exist in the caso under consideration. 

What then is the right to petition as established by 
the practice of 501) years, and limited and defined by 
that practice. It is a right to do certain individual acts, 
not in conjunction with the House or 'I'ribunal appealed 
lo, but wiiuUj- ;nJopendent of that Trihutial. It is a 
Constitutional, and consequently a legal right, like the 
right to sue in a Court of Justice. They are alike reme- 
dmi rights and Roually sacred in the eye of the Consti- 
tution. 

The undersigned lays great stress upon this definition 
of the right to petition, that like the right to sue, it is a 
ri<;ht in the individual to do certain individual acts, un- 
aided and uncontrolled by the Tribunal to which his 
Petition is addressed, and that it does not and catmot 
interfere with th.; power of that Tribunal to regulate ha 
rules of proceedings. The power of the House to re- 
gulate its own action upon the petition, never can in- 
terfere with the equally sacred right of the petitioner to 
regulate his own individual action. If any Court should 
prevent a I'laintifi' from purchasing and serving a writ, 
and entering hn action in Court, the Judges would be 
personally responsible in damages for such an interfer- 
ence. It is .1 legal right, for the violation of which the 
individual is entitled to his legal remedy. If this or 
any other Hou.^e of Representatives should prevent a 
petitioner from doing any individual act embraced in 
" the right to petition," each member so interfering 
would he personally liable to damages, for that too is 
a legal right, for the violation of which the individual 
would be" entitled to his appropriate legal remedy. 
These individual acts consist in a right in any number 
of men peaceably to assemble, to deliberate upon their 
•rrievances, to draw a petition in their own language 
and sentiments, and to present the petition and read it, 
or make its contents kncwn, to the House appealed to. 
.'Ml these are acts of the individuals, or such individual 
agents as they may employ. The House does not par- 
ticipate in these acts. From the first to the last it ex- 
ercises no control over the individual action of the peti- 
of the House and the petitioner. AH that the petitioner 
can do, he does alone. He is the sole arbiter of his 
own conduct. On the other hand all that the House 
can do it does by itself It is the sole arbiter of its own 
conduct, but its right to act does not commenfce until 
the petitioner has perfo med all the individual acts em- 
braced in " the right to petition." He must put the 
petition in possession of the House, make it a part of 
ti.e business of the House, and invoke the action of the 
House upon it, before the power of the House over it 
' attaches. When that power attaches, all power of the 
individual ceases, and no exercise of the power of the 
I House can interfere with the right to petition, because 
the whole right to petition must be exercised and sa- 



6 



joyed to its full extent, bifore the petition becomes ajty on malt, and the question being put, that the 
proceeding ol'the House. Ition be brought up, it passed in the negative. 

A party ^nn never be interrupted in the exercise of a' On the 21st of December, 1706, Resolved,Th;.i ^ 
right, if f-om its very nature it must be fully exercised House will receive no petition for any sum of i:. 
before incomes to the possession of the tribunal appeal- relating to public service, but what is reconin 
ed ro- from the Crown. 

It must be borne in mind, that the right to petition! On the 1 1th of June, 1713, this is declared to ilj-' 
is a mere right to a.s/.-, not a right to demand, and ev-' standii,°: order of the House. ^ «i 

ery right to ask necessarily implies aduty in thellousej On the 29th of [March, 1707, Resolved, that tliei; 
to hear; but a right to ask and bs heard, necessarily vvill not proceed upon any petition, motion, or hi 
jmphesa right to refuse, and to refuse iu any mode ov granting any moncv, or for releasing or compou; U. ^ 
form the House may dictate. Both the power to ask any moncv owing 'to the Crown, but in a conii'p 'tec | 
and the power to refuse may be abused, but an abuse of the whole House, and this is declared to be a st, nd-. " 
of a power is a political not a lc<ral injury. It is an mn order. '■ 

abuse, and a fraudulent abuse, of the power to petition, "on the 8th of . March, 1732, a petition hcmg «■. "1 
to obtain the names of hundreds of children under ten against a bill depending, for securing the trade . 
years of age, and to let them pass as persons whose Sugar Colonics, it was refused to be brought up. A 
opinions are entitled to weight. The undersigned has tion was then made that a committee be appoli ;• 
been informed that this has been done by the managers search for precedents in relation to the receiving ^ ; 
ol the abolition petitions now before this House. It is receiving pptitions ng.ainst the iuiposin!: of duti - ■.•< 
n.. „&«.,c v,f a.^ i,^^^,y..,t etill tu„ y»<.Moi\ers possess the rjuestion being put, it passed in the'nesativc 
he power. Tt is a political ev.l, not a legal hijury. So | It will be remembered that these Resolutions ; 
trie l^iouse may abuse Its just and necessary power*; ^v;tl,;„ ^ f^^ »t;ai» unur lu. ni,i.ju=. r>c.:.i.,.. 
but that, too, ii a political evil, and the lemcdy is l.y Kigl.ts in 16{)S,"in which the riuht to petition is : 
the ballot box, and not by an action at law. Will any njzed as the undoubted right of every subject, 
lawyer contend that if my constitutional right to peti-| Very recently a petition or remonstrance of ih,' . 
tion is violated, T have not a remedy at law against 'zens of York, Penn. approving (he act of the 1 . - 
any one who aids in its violation.' Rut vvill any one^dent in removing the dcposites, was presented 
contend that these petitioners before Congress possess: Senate of the United folates and having been 
any /e^a/ re.'ncdy against the House or the members .Mr Clay objected to its reception, and "on tli • . 
who voted for the resolutions of December 1 2lli.' And tion shall it be received, it was determined in th- 
why will he not .' Because it does not violate the right 
to petition, or to do any individual act embraced in that 

right. Ifthere is any abuseof the powers of the House ... „ 

ill those resolutions, the remedy is a political reme-jvoled in the afiiriiKitive, were 
dy, because the evil is political. 



ative. Yeas 20, Xays 24. 

" On motion oflMr Preston, the yeas and na\ 
desired by one fifth of the members, those 




the proceedings or acts of the individual, but upon itsj Bibb. Black, Calhoun, Clay, Clayton, 1" ,i-^ 
own proceedings in the House, offer {hn individual has; r,.elingbuvscn, Kent, Leigh. Moore, Naudain, ; .. .- 
enjoyed his right, and therefore the franiers of the dexter, Porter, Prentiss, Preston, Robhhis, t^ ^ . , 
Amendments to the Constitution saw that a power in|Smith, Southard, ^^praguc, Swift, Tomlinson, \V . 

the House to determine its own proceedings, never! man Webster 24. 

could interfere with the power of the individual to de-| It 'was formerly a commoli practice of this Hr 
termine Ins piocoedings; Until the present excitement, ' hear objections from creditors to even the rece). 
the undersigned believes that no such extended right to p.nitions for the insolvent acts, and their recepliu.n », . 
petition was ever contended for. It is not only a right ofien refused. Neilher the Kngiish Con.inoiis. hoi 
to petition, but a right as now ronstrued to dictate to the Senate of the United States, nor this Ilot.se- 
the House what disposition the House should make of RcpiKeiitativps, ever deemed that the right tu petition 
the petition. After hearing it, the House niu.st act, and extended necessarily to even the reception of thj pe- 
as it must control Its own action, it may refuse even'tition. The petilioii* were read.and if the Hou.- • ; 
to receive the petition, as appears by the following pre-j against any action upon them, they refused to - 
•"^Oivt'ho yt;; ..prn. IWI. n pol.t.on wa. tendered to ;ic"e~benKe~we coTcrenm VlW^.i^u'^^/'^^^^^u''' 
the House, relating to the bill for granting to their ft?a- tice of the National House of Reprcsentat,\ 
jesties several duties upon the tonnage of ships; and the The undersigned then contends, that th.re ,o isl b. 
question being put, that the petition be received, it pass- a point where the right to petition ends, and the ■•owe, 
ed m the negative „f ,,,^, House commences ; that the Constimiion' ,- \ 

Un the 2Sth April, 1G98, a petition was offered to not intend that the one right should conlliet v .: ■ :;„ 
the House against the bill for laying a duty upon miand other ; that hy an expr.ss grant, it has conler- j r , 
pit-coal, and the question being put, that the petition sole power upon the House the moment the .. • ■ 
be received, it passed in the negative. becomes a part of the proceedings of the Hon-. , : >i 

Similar votes also passed on the 29lh and 30lh June, this proceeding is a legislative proceeding, in w neb no 
lb98, upon duties relating to Sco'.ch linens and whale one can participate but members of the Hous ; fl>i!. 
fins imported. elected by the people, and representing the v ' 

On the othofrebruary,1703,a petition from the malt- people ; that even a resolution of the Hou.e o, 
sters being oflered against the bill for continuing the du- of Congress, giving to the petitioner any voic- i-i m, 



1 



itrocaedin<'3 of liie Hju^e, would be unconstiiutional petitions are never lliought of or noticed, after the iu- 
and voidt becau-e alt^^'e power is delegated to the troduclion of a bill. On the coutrary, if the members 
in«ii.'jcrs,\.viu I'iiey /*s«es3 no power to delegate any -think the reasons of the petitioners of insufficient 
portion of it to other individuals ; that this power in a 'weight, no bill is introduced, and the petitions breathe 
petitioner to demand any other action of the House, their lart, upon the table or in the hands of a commit- 
than hearing his petition, is not embraced in " the tee. This is tantamount to a rejection of the petitions. 
ri>»lil to petifion" Itccause that is a right to individual 'Our own practice is the same. Disposing of the sub- 
action, and not a right to control legislative action ;ject to which the petitions relate, is disposing of every 
that the extent of tliKs right, not being defined in the 'petition, memorial or paper now before us, or which 
Constitution, but wholly by usage, must be ascertained I may be presented during the present session. We 
b ..<i^e ; and that the usage of every legislative body [have before us numerous petitions upon- license laws, 
ii " uvilized world is against the right as now as-jis it not constitutional to resolve that we will not act 
sc. i«d. upon that subject at the present session .' Would not 
Thr undersigned would remind the House, t!ia«. he| such a resolution virtually and effectually postpone 
simply asserts the Constitutionality of the resolu-j any petition now, or which may come before us, until 
tions ofDec. 1S38. With their policy or prudential the ensuing session ? Is it not a virtual rejection of 
character, we have nothing to do. It would be high-' the petitions, at least for the present ? 
ly ii decorous in one legislative body to pass a judgment 1 The resolution of the 12tli December, 18.38, is either 
upon the policy or e.xpediency of the action of another, a postponement of the whole sulyect of slavery or a re- 
Neitl.. r can we say, with any regard to truth or pro- fusal to legislate upon it. In either view, can the pow- 
priety, that these resolutions have a tendency t) ini- er of the House be doubted? Has it not been repeated- 
pair the right to petition. They are either within the ly exercised by this and every other House of Jlep^e^ 

con>titutional power of the House or thev are not. — 'sentatives in theconutrjr 

Tf tboy n,e. no evercise ofthe Constilutional power of! 'i"he undersigned, respectfully to those of a d.fferetit 

the House, can lend to impan- me uu.^^ - ^ . _:_u.: — ;_;^^ r.-p„lclv confesses that his only diihculty m tlie 

of the petitioner. There is a line that separates the consideration ol tnn snlyact. Iw been to ascertain the 
one right from the other. If the House has passed: limit and extent or •• me right to potition" as contend- 
that line, it has invaded the right ofthe petitioner, andjed for by others. The framers ofthe articles of amend- 
its resolution is unconstitutional. If it has not, no ex-jment were familiar with the usage and practice of tho 
-erciso of power within that line, can tend to invade English and American Legislatures. They well knew 
the rights on the other side, any more than the occu-tlia't by universal n.sage the petitioners possessed no 
nation and cultivation of one of two adjoining land- right to be heard as to the «7.5posaZ of petition.?. They 
owners up to tlie dividing line, can tend to injure the Avcll knew that no such right had ever been contended 
., righ's ofthe other adjoining owner. ] (or. If they had believed in the existence of a right of this 

\ The undersi<Ti)('d "has endeavored to obtain from extent, why was the ?6'/i«/e power of disposal conferred 
\ those who dill'er from him, their views of the location j upon the House? Did they mean that the whole power to 
■or p>:ifion of this dividing lino, but without success, dictate whether the subject of slavery should be deba- 
ilftlvi right to petition is not cdmplete upon thepresenta-; ted or referred to a committee, should be in the peti- 
tion and readiiiir ofthe petition, if all powerand control tionbrs? If not the whole, what part? The whole 
ofthe petitioner' over it, is not terminated the moment power jnu.tt be in tiie House, or it must be m the peti- 
■ the action ofthe House commences, when docs it lioners. There cannot bo a partnership power to be 
terminate ? The resolulion of Dec. 1838, declares cNcrcised by both, for if they differ, the who e business 
that all papers on the table or which may be presented of the House must stop, there being no third powei or 
iluriiig the present session, upon the subject of slavery, ^ umpire to decide between them. 

shall lie upon the table, without any action, debate orj The resolutions of the r2th December, as the under- 
ruierence thereof I signed understands them, simply amouut to this: that 

It should be borne in mind, that there is a material' as the IJous,; bad determined not to legislate upon the 
differuice between petitions lelalinH to private, and subject of slavevy during the present session, all papers 
petitions relating to public atTiurs. With the facts of referring to that subject, and all that should herealter 
all private petitions, the members are usually un- be presented, should be read and received and laid upon 
acquainted, and a reference to a committee is the or- the table. They do not deny to any present or future 
dinary mode of invcsti.ratin<T thein. The final action petitioner the rislit to have his petition read and receiv- 
of the House is also" u poll the petition, by a vote, cd, but declare that they do not mean to act on that 
granting or rejecting it. ' j subject during the present session. The words present 

The case is entirely different in relation to petit- session are nol mentioned, hut every memberoftheHouse 
'ions upon subjects of a public nature. The members well knew that the resolution could not bind their suc- 
,Jn iL District of Columbia, quite as well as ttie pe- H^ere (Teen i m-^i&¥d,6idtM cfec*rTr^fl>a. 
titionc 
la 
the 

is different from\7ac"ioruponV''ivaVe" petitions. No erence to the petitio"ns on the table,or those hereafter pre- 
vot or direct Iction is ever had upon the petitions sented, would hav;e been precisely the same as^the pies- 
theinsc 
KUggestions 

a particular law. If those suggestions ..„ _- - ., , , • ., ,, r: i ' j i . • i » -. 

one or more ofthe members, a bill is introduced and course. It also silences all further debate, a nght quite 
the whole action of the House is upon the bill. The as important as the rigiit to petition. 



Had 




te or direct action is ever had upon the petitions sented, would have been precisely ttie same as me pres- 
Mnselves In liict, the petitions are little more than ent resolutions. Resolutions postponing a whole sub- 
raestions'of the petitioners, of reasons for or against ject are passed by this House at almost every session 
particular law If those suggestions convince any and all future petitions are postponed as a matter of 



.1? SOC! 

ii«tant 



No ^«ws which the under..gued has been able to inatic, pushed aside the gcnile undjlud.c, 
lake, with the assistance ol some of bis legal friends, all that had been acconTplUhcd bl X 
have raised a doub: in his or their minds as to the consti-i and worse than lost to the friend/ of fr ^i 
tutionality of those resolutions. On the contrary, theiel blindness and fury of the former \nm 
are many circumstances known to all of us, which ren-! were formed and large su.i.s ofinon.'vl 
dered some general action or disposition of the subject' trfu I presses were eurpioyed to keep un ■' 
indispensably ,,.cessary. ^ . ., ^ galling fire, and numeroui and well pj,, , ,s . 

These or Pther petitions of a similar character, have blished all over the northern states, co>.-. .1 ■ ^ u 
been before Congress for many years. It is not pre- aggregate an array offo.ceand p3wer,wl.ich o'-rrH;. 
tended that any lacts exist with vyhich the members are the whole southern mind with fLr and .-.larm and f. 
not acquainted, fhe prayers of these petitions haye a weakened and divided slate, droye it into one i 
been denied session after session, for upon petitions for 'united compact and hostile feeling, 
i^pabhc law a neglect to bring ia a Bill is a denial of J-ntil these moral troops are disbindea, -mU- I 
prajer. i morning and evening blast of their hostiletrai;ii ^ r: oi 

llie petitioners are dissatisfied with these repeated to sound in the s^outiiein ear with its dii ol' Ar.vJ 
aeCLsions upon the subject, and are determined not to ac- ' preparation ; until this moral war, to call ii iv its , 
quiesce, but to pour in upon the llonse.such a flood of tlest name, wa^^ed by those who truly belie-thut ■, 
oew petitions as will influence by their numbers, where are doing their duty to their God u .ut d. 
mey ime Imled to convince by their arguments. In 'slavery even at thee.xpen.se of the union and (,-. 
-o irt>ot justice parties are notallowrd a hearing upon a of rbis before peaceful country; until then, not ' 
question ot law once solemnly settled by the same court, la hope exists of iho emancipation ofl.esiave-i o: 
.'elJt to comamtlll onp^'ni^'iV^'*'^, "^^^""^ '° '^'''''"^ and South with the consent of their masters Ever-, a 
tionsat every SoTuln^ f r ''^ /."""•T"'^ P"''' ^^^" °*' strength *o these societies is biadin. 
ov.r and ovef.^ih ?V; 'h. ,^'^^-^''' ^'''^' ' '^J I'^'Ve still stronger upor. the unhappy Africa. 

aiiu o\ er a^iaiii <.ori,ledr Thov ;!re obliged to -u._iLJ;iii>^^/--^'--^-- •- -— " ^r.. Svt\u orvti j„ ,:;ci n, 
a-.ii aoread and receive th^n^, j,nd ;.. <-"^ oiftnron orWe fhe period of war and bloodshed. Ever .sif-n m •!, 
jndersigned, any iUulier action upon tUem is not re-!fariate and dangerous course, proves tha 
lu.red by the right to petition, nor even by any sound. Island the maniac power of religious bi- 
K.nciple of policy, until some member can be found and chained, and not annihilated, as we f f ,., ^ 
mving sufBcient confidence in the subject to introduce jjeved. Loose it from its long confinen 

rpi' , • , ,,.,,. ,^ .v. , i power of numbers and wealth, and co; 

Ihe undersigned cannot bhnd himself to the fact that by legislative symoulhy, and you fasten 
this question of the right to petition, proceeds wholly ^^-,l.,verv of mind as dark and benightec 
rom abolition feeling, and is used as au in.-=trume:it to palsied this christian world in the days 01 ■• > 
ittain abolition objects. It is an attempt to add politi- „,,j Crusades. Ciive it seope, and 11 .vi 
jai heat to abolilion fury. In the opinion of the un- fie,.ee and gigantic power wiih a blindnes^ r. .] 
^rTn!! ' "'° ^■'"'='"■'2' judicious friends of manumi..sion, 1^. consenuences. and an insensibiiity 10 «ll hiim:-. . 
C .; .1 "'°'' apposed to abo ilion societies, for .0 feHng. For the last thousand years it b»s iri.Du 01 
■viihth societies e.M.t, so long will manumi.ssio-n as many innocent victims tortured aad iacer,i,:d I 

iect n^if°"'?"^ *''^*''° •"''*'."''■' "'""'" ^ 'lopcless ob-;much human flesh, and spilt ten times l.. much '.(c^ 
jc^t- ine mild and pcr.-;uasive measures of the earliest la^ sluery his done ' 

arousfn^ the lin '""• '^'"^"%^ ,'''l'''^''? ''-''.r'?" 'I'^lT' f'«'- «"e, ihe und'ersigned onnot ally hiTr^.p'f.o ^ 
■v^s addre JnT'^r'""''^'^ o" ^T'' ^ ''«^'^^<'- '"•''^^'-ia spirit, nor to any parU', political or-,ror,.;, :U.n ^ 

newer to d,- '^ *^ ^ ^> '"'' "^' ""' °"' '''""'" '*^""'» '' ''^"^" "P"" "" "' P'""'"''' "^"''' "■' * 

ioveandm '"'""'^.T^'^'^'^V" ^^f , "•"« -^P'^'' o*" lion u poll the .subj-t of slavery by the j; hoO-lsifi 
niis'ion .'"■''*■ "'^^ addressed by the manu- Les"-I««ure. lie is worldly-minded en^.u^h Mi.i to i 

inindn. ""'r states, and the increased advance 'ij^ve that the Union, our unrivalled Con^tit.'fKMi. * 
.V t .P. ' "■^'I'lh and relinemeut which it produced; the peace and repose of this grcaL.Americnn IJi-'.-lv, t 
» s. I "'•^'*'"P'^ °^ f^'"^"ce and England, and also by|^„r,i,v ^f preservation. If they must fall :)eforei 
if Fn,inT ^"f<=i've.ngent. the powerof the wlwle body U,.e;,d"ing power of religious bigotry, if« -•■ 
lisminH ='"^ ^'"encan literature which surrounded: vije war must drench In blood this fair. 
nhtinn; ""r IT^ of atmosphere wilh its perpetual ex-,„,an i,.t it not be hurried on by the le.- 

eiidi ",^ ^^'i' '^"^.»'"^'» , That mind was already I descendants oflloger Williams. 

eiimng under these mild and genial, but perpetually j Respectfully submitted !.^ 

'peraiing influences. A divided opinion was created in t..,.».t»... 

»c south. Breaches were made of considerable mag- 



cn in R 



I nn.l i;; 



Inverv, nnd in all Iiiiiirm 



JOHN WilPPLE. 
On motion of Mr Jamc.v, of West (i- 'Dwicfn': 



litude in all tho dpO-nne. of .-,„,.^, . , .,,.., ,., ,„, „..,„ ,„ 

what had so happily been commenced by mild and 1 be printed torlhe use of the House 
natural agencies. But liie stern bigot and the sour fa- 



repoy 



•3 



